Common use of Measurement of Premises Clause in Contracts

Measurement of Premises. The term "Measurement Standard" shall mean measurement to the center line of demising walls between the Premises and the space of other tenants in the Building and to the "drip line" of the Building, with respect to all other dimensions that are not demising walls. Landlord shall, within ninety (90) days after Landlord has completed Landlord's Work, cause the rentable and usable areas of the Premises and the Building to be measured in accordance with the Measurement Standard by an architect selected by Landlord and cause the architect making that measurement to certify to Tenant that such determinations have been made in accordance with therewith. Tenant shall have the right, exercisable within ninety (90) days after the date Landlord gives Tenant written notice of the final field measurements of the Premises and the Building in accordance with the Measurement Standard, to have its architect remeasure the Premises and the Building within such ninety (90) day period. In the event that Tenant does not cause the Premises and the Building to be remeasured, within that time period, the measurements made by Landlord shall be final. In the event Tenant causes the Premises and the Building to be measured within those time periods, and the remeasurement by Tenant's architect and Landlord's architect differs by more than 1%, Landlord and Tenant shall meet along with their respective architects and attempt to resolve the discrepancy in their measurements. If Landlord and Tenant do not agree on a resolution of the discrepancy of those measurements within fifteen days of Tenant's notice to Landlord of its architect's calculations of the square footage of the Premises and the Building, Landlord and Tenant shall submit their measurements to a third architect selected as provided below who shall then determine the square footage of the Premises and the Building by selecting between Landlord's architect's measurement and Tenant's architect's measurement. The third architect shall be selected by Tenant from a list of at least three (3) architects provided by Landlord, each of which architects shall not have performed work for either Landlord or Tenant within five (5) years before the date of this Lease. If Tenant fails to select the third architect from the list provided by Landlord within ten (10) days after Landlord's delivery of that list to Tenant, Landlord may select the third architect from that list. That third architect shall reach a determination within thirty days after receipt of copies of Tenant's architect's and Landlord's architect's calculations. The cost of the third architect shall be paid by the person whose measurement is not selected by the third architect. Upon the parties agreement or the resolution of the size of the Premises and the Building by the third architect, the Base Rent and Tenant's Share shall be retroactively and prospectively adjusted to reflect that final determination of the number of square feet under the Measurement Standard in the Premises and Building and the parties shall execute an amendment to this Lease to confirm those modifications. All of the architects, including the third architect, shall be bound by the Measurement Standard.

Measurement of Premises. The term "Measurement Standard" shall mean measurement By execution of this Lease, Tenant hereby stipulates that all the information relating to the center line rentable square footage of demising walls between the Premises Premise and Tenant’s Proportionate Share are the space of other tenants amounts set forth in the Building and to Basic Lease Information. Notwithstanding the "drip line" foregoing, for a period of the Building, with respect to all other dimensions that are not demising walls. Landlord shall, within ninety sixty (9060) days after Landlord has completed Landlord's Workfollowing the Commencement Date, cause the rentable and usable areas of the Premises and the Building to be measured in accordance with the Measurement Standard by an architect selected by Landlord and cause the architect making that measurement to certify to Tenant that such determinations have been made in accordance with therewith. Tenant Tenant, at its cost, shall have the right, exercisable within ninety (90) days after but not the date Landlord gives Tenant written notice of the final field measurements of the Premises and the Building in accordance with the Measurement Standardobligation, to have its architect remeasure confirm the Premises rentable and the Building within such ninety (90) day period. In the event that Tenant does not cause the Premises and the Building to be remeasured, within that time period, the measurements made by Landlord shall be final. In the event Tenant causes the Premises and the Building to be measured within those time periods, and the remeasurement by Tenant's architect and Landlord's architect differs by more than 1%, Landlord and Tenant shall meet along with their respective architects and attempt to resolve the discrepancy in their measurements. If Landlord and Tenant do not agree on a resolution of the discrepancy of those measurements within fifteen days of Tenant's notice to Landlord of its architect's calculations of the usable square footage of the Premises by independent measurement. For such purpose, the measurement of the usable area of the Premises shall be in accordance with the Building Owners and Managers Association Standard Method for Measuring Floor Area in Office Buildings (ANSI Z65.1-1996), and the Building, Landlord and Tenant shall submit their measurements to a third architect selected as provided below who shall then determine the rentable square footage of the Premises shall be deemed to be the total of the usable area as so measured plus the amount obtained by multiplying said usable area by fourteen and eighty-four hundreds percent (14.84%). If Tenant, within such time period, causes the Premises to be re-measured, and such re-measurement is done in accordance with the standards contained herein, and such re-measurement is approved by Landlord (which approval shall not be unreasonably withheld or delayed), and the Building by selecting between Landlord's architect's measurement rentable square footage of the Premises as so measured differs from that set forth in the Basic Lease Information, Tenant and Tenant's architect's measurement. The third architect Landlord shall be selected by Tenant from a list amend this Lease to reflect such revised rentable area of at least three (3) architects provided by Landlord, each of which architects shall not have performed work for either Landlord or Tenant within five (5) years before the date of this LeasePremises. If Tenant fails does not elect to select re-measure the third architect from Premises within such time period, the list provided by Landlord within ten (10) days after Landlord's delivery of that list to Tenant, Landlord may select the third architect from that list. That third architect shall reach a determination within thirty days after receipt of copies of Tenant's architect's and Landlord's architect's calculations. The cost of the third architect shall be paid by the person whose measurement is not selected by the third architect. Upon the parties agreement or the resolution of the size rentable area of the Premises and set forth in the Building by the third architect, the Base Rent Basic Lease Information shall be binding upon Landlord and Tenant's Share shall be retroactively and prospectively adjusted to reflect that final determination of the number of square feet under the Measurement Standard in the Premises and Building and the parties shall execute an amendment to this Lease to confirm those modifications. All of the architects, including the third architect, shall be bound by the Measurement Standard.

Measurement of Premises. The term "Measurement Standard" shall mean measurement By execution of this Lease, Tenant hereby stipulates that all the information relating to the center line rentable square footage of demising walls between the Premises Premise and Tenant's Proportionate Share are the space of other tenants amounts set forth in the Building and to Basic Lease Information. Notwithstanding the "drip line" foregoing, for a period of the Building, with respect to all other dimensions that are not demising walls. Landlord shall, within ninety sixty (9060) days after Landlord has completed Landlord's Workfollowing the Commencement Date, cause the rentable and usable areas of the Premises and the Building to be measured in accordance with the Measurement Standard by an architect selected by Landlord and cause the architect making that measurement to certify to Tenant that such determinations have been made in accordance with therewith. Tenant Tenant, at its cost, shall have the right, exercisable within ninety (90) days after but not the date Landlord gives Tenant written notice of the final field measurements of the Premises and the Building in accordance with the Measurement Standardobligation, to have its architect remeasure confirm the Premises rentable and the Building within such ninety (90) day period. In the event that Tenant does not cause the Premises and the Building to be remeasured, within that time period, the measurements made by Landlord shall be final. In the event Tenant causes the Premises and the Building to be measured within those time periods, and the remeasurement by Tenant's architect and Landlord's architect differs by more than 1%, Landlord and Tenant shall meet along with their respective architects and attempt to resolve the discrepancy in their measurements. If Landlord and Tenant do not agree on a resolution of the discrepancy of those measurements within fifteen days of Tenant's notice to Landlord of its architect's calculations of the usable square footage of the Premises by independent measurement. For such purpose, the measurement of the usable area of the Premises shall be in accordance with the Building Owners and Managers Association Standard Method for Measuring Floor Area in Office Buildings (ANSI Z65.1-1996), and multiplying the resulting number by seventeen percent (17.00%). If Tenant, within such time period, causes the Premises to be remeasured, and such remeasurement is coordinated with Landlord and done in accordance with the standards contained herein, and such remeasurement is approved by Landlord (which approval shall not be unreasonably withheld or delayed), and the Building, Landlord and Tenant shall submit their measurements to a third architect selected as provided below who shall then determine the rentable square footage of the Premises differs from that set forth in the Basic Lease Information, Tenant and Landlord shall amend this Lease to reflect such revised rentable area of the Building by selecting between Landlord's architect's measurement and Tenant's architect's measurement. The third architect shall be selected by Tenant from a list of at least three (3) architects provided by Landlord, each of which architects shall not have performed work for either Landlord or Tenant within five (5) years before the date of this LeasePremises. If Tenant fails does not elect to select remeasure the third architect from Premises within such time period, the list provided by Landlord within ten (10) days after Landlord's delivery of that list to Tenant, Landlord may select the third architect from that list. That third architect shall reach a determination within thirty days after receipt of copies of Tenant's architect's and Landlord's architect's calculations. The cost of the third architect shall be paid by the person whose measurement is not selected by the third architect. Upon the parties agreement or the resolution of the size rentable area of the Premises set forth in the Basic Lease Information shall be binding upon Landlord and Tenant. [If Tenant wants to verify the Building by the third architectmeasurement they can do so but it will be at Tenant's cost. Incidentally, the Base Rent measurement was done by Nielsen and Tenant's Share shall be retroactively and prospectively adjusted to reflect that final determination of the number of square feet under the Measurement Standard in the Premises and Building and the parties shall execute an amendment to this Lease to confirm those modifications. All of the architects, including the third architect, shall be bound by the Measurement Standard.Associates]

Measurement of Premises. On or before the Rental Commencement Date, Landlord shall measure the Premises in the manner hereafter provided and shall give Tenant notice of the Floor Area so determined. The term "Measurement Standard" Premises shall mean measurement be measured (a) with respect to the front and rear width thereof, from the center of the demising wall of the adjacent tenant premises, or, if not adjoining any other tenant premises, from the exterior face of the adjacent exterior or corridor wall, and (b) with respect to the depth thereof, from the front lease line (as designated on the Lease Outline Drawings to be prepared by the Landlord pursuant to the Work Schedules) to the center line of the demising walls between wall of the adjacent tenant premises, or, if not adjoining any other tenant premises on the rear wall, to the exterior face of the rear exterior wall, or corridor wall; and in no case shall there be any deduction for columns or other structural elements or mechanical systems (including equipment and related duct work) within any tenant's premises. Tenant may request that Landlord's architect or engineer re- measure the Premises and certify the space of other tenants in the Building and same to the "drip line" of the Buildingparties. If, with respect to all other dimensions that are not demising walls. Landlord shall, within ninety (90) days after Landlord has completed LandlordTenant's Work, cause the rentable and usable areas of the Premises and the Building to be measured in accordance with the Measurement Standard by an architect selected by Landlord and cause the architect making that measurement to certify to Tenant that such determinations have been made in accordance with therewith. Tenant shall have the right, exercisable within ninety (90) days after the date Landlord gives Tenant written notice of the final field measurements of the Premises and the Building in accordance with the Measurement Standard, to have its architect remeasure the Premises and the Building within such ninety (90) day period. In the event that Tenant does not cause the Premises and the Building to be remeasured, within that time periodrequest for re-measurement, the measurements made by Landlord shall be final. In revised Floor Area pursuant to such re- measurement is less than the event Tenant causes the Premises and the Building to be Floor Area as originally measured within those time periods, and the remeasurement by Tenant's architect and Landlord's architect differs by more than 1%, Landlord and Tenant shall meet along with their respective architects and attempt to resolve the discrepancy in their measurements. If Landlord and Tenant do not agree on a resolution of the discrepancy of those measurements within fifteen days of Tenant's notice to Landlord of its architect's calculations of the square footage of the Premises and the Building, Landlord and Tenant shall submit their measurements to a third architect selected as provided below who shall then determine the square footage of the Premises and the Building by selecting between Landlord's architect's measurement and Tenant's architect's measurement. The third architect shall be selected by Tenant from a list of at least three (3) architects provided by Landlord, each of which architects then Landlord shall not have performed work for either Landlord or Tenant within five (5) years before pay the date of this Lease. If Tenant fails to select the third architect from the list provided by Landlord within ten (10) days after Landlord's delivery of that list to Tenant, Landlord may select the third architect from that list. That third architect shall reach a determination within thirty days after receipt of copies of Tenant's architect's and Landlord's architect's calculations. The cost of the third architect re-measurement. If said revised Floor Area is equal to or greater than the Floor Area as originally measured by Landlord, then Tenant shall be paid pay for the cost of re-measurement or shall reimburse Landlord for same, as the case may be. The Floor Area, as determined by the person whose measurement is not selected by the third architect. Upon the parties agreement or the resolution of the size of the Premises and the Building by the third architect, the Base Rent and Tenant's Share shall be retroactively and prospectively adjusted to reflect that final determination of the number of square feet under the Measurement Standard in the Premises and Building and the parties shall execute an amendment to this Lease to confirm those modifications. All of the architects, including the third architectLandlord, shall be bound deemed to be Tenant's Floor Area for all purposes of this Lease and shall be binding on the parties. Landlord warrants that Tenant's Floor Area determined by measurement pursuant to this Section shall be within ten percent (10%) of the Measurement StandardApproximate Floor Area.

Measurement of Premises. The term "Measurement Standard" shall mean measurement to the center line of demising walls between the Premises (a) Landlord and the space of other tenants in the Building and to the "drip line" of the Building, with respect to all other dimensions Tenant acknowledge that are not demising walls. Landlord shall, within ninety (90) days after Landlord has completed Landlord's Work, cause the rentable and usable areas area of the Premises and set forth in the Building to be measured in accordance with the Measurement Standard Basic Lease Information was determined by an architect selected by Landlord and cause the architect making that measurement to certify to Tenant that such determinations have been made in accordance with therewithTenant’s architect, Xxxxxxx Xxxxxxxxx (“Tenant’s Architect”). Tenant shall have the right, exercisable within ninety Within thirty (9030) days after the date Commencement Date, Tenant shall deliver to Landlord gives Tenant written notice of the final field measurements or a licensed architect designated by Landlord experienced in commercial office design (“Landlord’s Architect”), electronic “CAD” drawings of the Premises and the Building in accordance prepared by Tenant’s Architect, along with the Measurement Standard, to have its architect remeasure the Premises and the Building within such ninety (90) day period. In the event that Tenant does not cause the Premises and the Building to be remeasured, within that time period, the measurements made by Landlord shall be final. In the event Tenant causes the Premises and the Building to be measured within those time periods, and the remeasurement by Tenant's architect and Landlord's architect differs by more than 1%, Landlord and Tenant shall meet along with their respective architects and attempt to resolve the discrepancy in their measurements. If Landlord and Tenant do not agree on a resolution of the discrepancy of those measurements within fifteen days of Tenant's notice to Landlord of its architect's detailed calculations of the square footage of the Premises derived therefrom. Landlord shall have a period ending ninety (90) days after the Commencement Date to verify the measurement of the Premises and notify Tenant if it disputes the Buildingcalculation of the rentable area, as set forth in the Basic Lease Information, and to provide the calculation of the rentable area of the Premises as determined by Landlord’s Architect to Tenant. If Landlord determines prior to the expiration of said ninety (90) day period that it will not dispute the calculation of rentable area, it shall notify Tenant of such determination in writing. Landlord’s Architect shall be provided reasonable access to the Premises upon reasonable advance notice to inspect the Premises in connection with the verification of such measurement. If Landlord fails to notify Tenant within the time period provided above that it objects to the calculation of the rental area, as set forth in the Basic Lease Information, Landlord shall be deemed to have accepted such calculation and there shall be no adjustment to the rentable area or Base Rent pursuant to this Section 2.2. If Landlord timely notifies objects to the calculation of the rental area, as set forth in the Basic Lease Information, Landlord and Tenant shall submit their measurements arrange a meeting with both Landlord’s Architect and Tenant’s Architect, to occur within thirty (30) days after Tenant’s receipt of Landlord’s notice of objection, to determine the reasons for the discrepancy and to attempt to reach agreement upon the calculation of the rentable area of the Premises. If Landlord and Tenant are not able to reach such agreement within fifteen (15) days after such meeting, or if such meeting does not occur, then within sixty (60) days after Tenant’s receipt of Landlord’s notice of objection, Landlord’s Architect and Tenant’s Architect shall designate a third licensed architect selected as provided below experienced in commercial office design (the “Third Architect”) who shall then determine the square footage be provided with electronic “CAD” drawings of the Premises and prepared by Tenant’s Architect, but shall not be provided with the Building calculations or determination of square footage made by selecting between either Tenant’s Architect or Landlord's architect's measurement and Tenant's architect's measurement’s Architect. The third architect shall be selected by Tenant from a list of at least three (3) architects provided by Landlord, each of which architects Third Architect shall not have performed work services for either Landlord or Tenant within five (5) years before preceding his or her appointment. If Landlord’s Architect and Tenant’s Architect are not able to agree upon the date Third Architect, either party may apply to the President of the San Francisco chapter of the American Institute of Architects to appoint the Third Architect, who shall meet the criteria set forth above. The Third Architect shall be provided reasonable access to the Premises upon reasonable advance notice to inspect the Premises in connection with the verification of such measurement. Within thirty (30) days after appointment of the Third Architect, the Third Architect shall present his determination of the rentable area of the Premises to Landlord and Tenant at a meeting for such purpose. If the rentable area as determined by the Third Architect is exactly equal to the average of the rentable area as determined by Landlord’s Architect and Tenant’s Architect, respectively, then the rentable area as determined by the Third Architect shall be the rentable area for all purposes of this Lease. If Tenant fails to select In all other cases, the third architect from the list provided by Landlord within ten (10) days after Landlord's delivery of that list to Tenant, Landlord may select the third architect from that list. That third architect shall reach a determination within thirty days after receipt of copies of Tenant's architect's and Landlord's architect's calculations. The cost of the third architect shall be paid by the person whose measurement is not selected by the third architect. Upon the parties agreement or the resolution of the size rentable area of the Premises for all purposes of this Lease shall be that determined by Landlord’s Architect or Tenant’s Architect, whichever is closest to the rentable areas as determined by the Third Architect. Landlord shall pay all fees and expenses of Landlord’s Architect, Tenant shall pay all fees and expenses of Tenant’s Architect, and Landlord and Tenant shall each pay one-half of the fees and expenses of the Third Architect. All determinations of rentable area pursuant hereto shall be made in accordance with the methods of measuring rentable area as described in the Standard Method for Measuring Floor Area in Office Buildings, ANSI Z65.1 1996, promulgated by the Building by the third architect, the Base Rent Owners and Tenant's Share shall be retroactively and prospectively adjusted to reflect that final determination of the number of square feet under the Measurement Standard in the Premises and Building and the parties shall execute an amendment to this Lease to confirm those modifications. All of the architects, including the third architect, shall be bound by the Measurement StandardManagers Association (BOMA) International.

Measurement of Premises. The term "Measurement Standard" Within thirty (30) days following completion of Landlord’s Work as provided herein Tenant, at its sole cost and expense, shall mean measurement have the right to the center line of demising walls between cause a licensed architect or surveyor to measure the Premises and the space of other tenants for deviations in the Building and to the "drip line" of the Building, with respect to all other dimensions that are not demising walls. Landlord shall, within ninety (90) days after Landlord has completed Landlord's Work, cause the rentable and usable areas square footage of the Premises and using the Building BOMA office building standard of measurement (the “Tenant Remeasurement”). If Tenant elects to be measured in accordance with the Measurement Standard by an architect selected by Landlord and cause the architect making that measurement to certify to Tenant that such determinations have been made in accordance with therewith. Tenant shall have the rightPremises remeasured, exercisable within ninety (90) days after Tenant may provide the date Landlord gives Tenant written notice findings of the final field measurements Tenant Remeasurement to Landlord on or prior to the expiration of the Premises and the Building in accordance with the Measurement Standard, to have its architect remeasure the Premises and the Building within such ninety thirty (9030) day period. In If Tenant fails to deliver the event that findings of the Tenant does not cause Remeasurement to Landlord on or prior to the Premises and expiration of the Building to be remeasured, within that time thirty (30) day period, the measurements made by Landlord shall be final. In the event Tenant causes usable square footage of the Premises and Area stated in Paragraph 1.5 shall control for all purposes under this Lease. If the Building usable square footage of the Premises in any such Tenant’s Remeasurement timely provided to be measured within those time periodsLandlord differs from the usable square footage of the Premises Area stated in Paragraph 1.5, and the remeasurement by Tenant's architect and Landlord's architect differs by more than 1%parties, Landlord and Tenant in good faith, shall meet along with their respective architects and attempt to resolve the discrepancy disparity in their measurements. If Landlord and Tenant do not agree on a resolution the measurement of the discrepancy of those measurements within fifteen days of Tenant's notice to Landlord of its architect's calculations of the usable square footage of the Premises and shall agree upon the Building, Landlord and Tenant shall submit their measurements to a third architect selected as provided below who shall then determine the correct usable square footage of the Premises and the Building by selecting between Landlord's architect's measurement and Tenant's architect's measurement. The third architect shall be selected by Tenant from a list of at least three (3) architects provided by Landlord, each of which architects shall not have performed work for either Landlord or Tenant within five (5) years before the date of this Lease. If Tenant fails to select the third architect from the list provided by Landlord within ten (10) days after Landlord's delivery of that list to Tenant, following receipt by Landlord may select the third architect from that list. That third architect shall reach a determination within thirty days after receipt of copies of Tenant's architect's and Landlord's architect's calculations’s Remeasurement. The cost Following the determination of the third architect shall be paid by the person whose measurement is not selected by the third architect. Upon the parties agreement or the resolution of the size usable square footage of the Premises and the Building by the third architectas set forth in this Paragraph 2.2, the Base Rent set forth in Paragraph 1.10 and Tenant's ’s Proportionate Share shall be retroactively and prospectively adjusted recalculated (subject to reflect that final determination the provisions of the number of square feet under the Measurement Standard in the Premises and Building Paragraph 9.2 and the parties shall execute an amendment to this Lease to confirm those modifications. All of the architects, including the third architect, Load Factor as set forth in Paragraph 1.12) and shall be bound confirmed in a writing executed by the Measurement Standardboth Landlord and Tenant.

Measurement of Premises. The term "Measurement Standard" On or before Substantial Completion Date, Landlord shall mean measurement cause the Project Architect to measure the center line gross square footage of demising walls between the Premises and the space of other tenants in the Building and to the "drip line" (“Square Footage of the Building”). For purposes of this Lease, with respect to all other dimensions that are not demising walls. Landlord shall, within ninety (90) days after Landlord has completed Landlord's Work, cause the rentable and usable areas gross square footage of the Premises and Building shall mean gross area of the Building to be measured calculated in accordance with the Measurement BOMA International, Industrial Buildings: Standard by an architect selected by Landlord Methods of Measurement, ANSI X00.0-0000, Xxxxxx A (“Architect’s Determination”). The square footage of any second floor office space that Tenant elects to build shall not be included in the Square Footage of the Building. If Tenant shall dispute Architect’s Determination (which dispute shall be based solely upon whether Architect has accurately measured the gross area and cause determined the architect making that measurement to certify to Tenant that such determinations have been made gross square footage in accordance with therewiththe foregoing standards), Tenant may contest Architect’s Determination by sending Landlord a written notice (“Contest Notice”) within seven (7) days following Tenant’s receipt of Architect’s Determination. If Tenant does not send the Contest Notice within such time period, Architect’s Determination shall be final and binding on Tenant and the amount of the Base Rent and Landlord’s Contribution shall be amended to reflect Architect’s Determination. If Tenant sends the Contest Notice within the time period set forth above, then within seven (7) days of Landlord’s receipt of the Contest Notice from Tenant, Landlord and Tenant shall have jointly appoint an architect (the right, exercisable within ninety (90“Neutral”) days after to field measure the date Landlord gives Tenant written notice gross area of the final field measurements of the Premises and the Building in accordance with the Measurement StandardBOMA Standard and calculate of the gross square footage, to have its and in such event the amount of the Base Rent and Landlord’s Contribution shall be amended accordingly, based on such field measurements by the Neutral. The Neutral must be an architect remeasure the Premises with ten (10) years of experience and familiar with BOMA definitions and the Building within such ninety (90) day period. In the event that Tenant does not cause the Premises and the Building to be remeasured, within that time period, the measurements made by Landlord shall be final. In the event Tenant causes the Premises and the Building to be measured within those time periods, and the remeasurement by Tenant's architect and Landlord's architect differs by more than 1%, Landlord and Tenant shall meet along with their respective architects and attempt to resolve the discrepancy in their measurementsBOMA Standard. If Landlord and Tenant do not are unable to agree on upon a resolution of the discrepancy of those measurements Neutral within fifteen days of Tenant's notice to Landlord of its architect's calculations of the square footage of the Premises and the Buildingsuch 7-day period, Landlord and Tenant shall submit their measurements to a third architect selected as provided below who shall then determine the square footage of the Premises and the Building by selecting between Landlord's architect's measurement and Tenant's architect's measurement. The third architect shall be selected by Tenant from a list of either party may, upon at least three (3) architects provided by Landlord, each of which architects shall not have performed work for either Landlord or Tenant within five (5) years before days’ prior written notice to the date other party, request the Presiding Judge of this Leaseand for the San Xxxxxxx Superior Court, acting in his private and nonjudicial capacity, to appoint a neutral (who shall meet the criteria set forth in hereinabove). If Tenant fails to select the third architect from determination by the list provided by Landlord Neutral is within ten plus or minus three percent (103%) days after Landlord's delivery of that list to Tenantthe Architect’s Determination, Landlord may select the third architect from that list. That third architect shall reach a determination within thirty days after receipt of copies of Tenant's architect's and Landlord's architect's calculations. The cost of the third architect Neutral shall be paid by Tenant. If the person whose measurement determination by the Neutral is not selected by the third architect. Upon the parties agreement within plus or the resolution minus three percent (3%) of the size Architect’s Determination the cost of the Premises and the Building by the third architect, the Base Rent and Tenant's Share Neutral shall be retroactively and prospectively adjusted to reflect that final determination of the number of square feet under the Measurement Standard in the Premises and Building and the parties shall execute an amendment to this Lease to confirm those modifications. All of the architects, including the third architect, shall be bound paid by the Measurement StandardLandlord.